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The Intestate Succession Act, 1987 applies, except as explained below, in all cases where a person dies wholly or partially intestate after 18 March 1988. Under the Act, the surviving spouse and the adopted child are heirs of the deceased. The historical discrimination visited on extra-marital children has disappeared.
The Intestate Succession Act contains the following provisions: If a descendant of a deceased, excluding a minor or mentally ill descendant, who, together with the surviving spouse of the deceased, is entitled to a benefit from an intestate estate renounces his right to receive such a benefit, such benefit shall vest in the surviving spouse.
Moreover, of direct import for the law of succession, the Constitutional Court had found in Gory v Kolver that the protections of the Intestate Succession Act, 1981 must be extended to same-sex life partners as well as to spouses. That finding was upheld after the passage of the Civil Union Act in Laubscher v Duplan in 2016.
If there’s no financial plan in place after death, the decision of how the inheritance gets distributed lies with the state in a process known as intestate succession.
Continue reading → The post What Are the Laws for Intestate Succession? appeared first on SmartAsset Blog. Estate planning is part of comprehensive financial planning. It includes making a will.
Juleiga Daniels's husband died intestate in 1994; the main item in the deceased's estate was the couple's home in Cape Town.Because the couple had been married by Muslim rites, without solemnisation under the Marriage Act, 1961, the Master of the High Court found that Daniels could not inherit the deceased's estate or receive maintenance from it; such a marriage did not qualify her as a ...
The court ruled that the Intestate Succession Act, 1987, which granted the right of intestate succession to spouses but not to same-sex life partners, unfairly discriminated on the basis of sexual orientation. The Act was therefore invalid because it violated section 9 of the Constitution. To rectify the unconstitutionality, the court read the ...
The rules of succession are the Intestacy Rules set out in the Administration of Estates Act 1925 (15 & 16 Geo. 5. c. 23) and associated legislation. For deaths after 1 October 2014, the rules where someone dies intestate leaving a spouse or civil partner are as follows: